Can someone please help me? n600k?

S

silvabbcake

New Member
Hello, I have a question and hopefully you all can help me.

My husband and I are U.S citizens but HE has a daughter with his ex girlfriend in Mexico, who is 5 years old. They never married, only lived together. He has been in California for 3 years now (he lived in california before but moved to mexico and moved BACK to california). During those 3 years, him and I got married and will be married for 3 years in March of next year. My husband is interested in fixing citizenship for his daughter, so she can visit him in California when possible. What does he need to do to process all of this? I heard of form N600K but have no clue on anything else. Can someone please help me and tell me what we should do? I also read that its a waste of time and to just apply for a US passport for the child. Is this correct?
 
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Don't confuse N-600 with N-600K. N-600 is to obtain a certificate of citizenship for someone who already obtained citizenship through some method other than their own naturalization (i.e. their parent's naturalization, or being born to USC parent(s)). Whereas N-600K is to obtain citizenship for a noncitizen child of a USC living abroad.

So someone who qualifies for N-600 can skip it and directly apply for a passport, but somebody who qualifies for N-600K must complete the N-600K process to become a USC, then they can apply for a US passport.

He can't file N-600K for her because he is not living abroad with custody of his daughter.

His daughter may have acquired US citizenship at birth, which would make N-600K inapplicable. Was he a US citizen when his daughter was born? How long (total years) did he live in the US before the birth?
 
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He pretty much has custody of her cause she still lives in HIS home with HIS grandma even though he's not in mexico (the mom lives there too). My husband was born in the united states and lived here for many years I believe he went to mexico when he was 19 for a few years and then came back to california.
 
silvabbcake said:
He pretty much has custody of her cause she still lives in HIS home with HIS grandma even though he's not in mexico (the mom lives there too).
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That is not enough for N600K. He would need to live there (in Mexico) himself, with the daughter, and have both legal and physical custody of her in order for N600K to be an option.

It is probably better for him to pursue the N600 option, or just have his daughter apply directly for a U.S. passport in Mexico (since I don't think N600 can be filed from a foreign address), under INA 309(a):
See http://travel.state.gov/law/citizenship/citizenship_5199.html
the section

Birth Abroad Out-of-Wedlock to a U.S. Citizen Father – “New” Section 309(a):

"A person born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA provided:

1. A blood relationship between the person and the father is established by clear and convincing evidence;
2. The father had the nationality of the United States at the time of the person’s birth;
3. The father was physically present in the United States or its outlying possessions prior to the child’s birth for five years, at least two of which were after reaching the age of 14.
4. The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years, and
5. While the person is under the age of 18 years --
*the person is legitimated under the law of his/her residence or domicile,
*the father acknowledges paternity of the person in writing under oath, or
*the paternity of the person is established by adjudication of a competent court."

Basically before having her apply for a U.S. passport he needs to make sure that these five conditions are all satisfied.
Your husband will have to do some legal paperwork first, including legitimation issues (presumably under the Mexican law, since that is where the daughter resides) or some other way of satisfying condition 5, such as if he "acknowledges paternity of the person in writing under oath". He'd probably also need to do a DNA test to prove paternity, to satisfy condition 1. He'd also need to sign a notarized statement agreeing to provide financial support for her until she turns 18 (to satisfy condition 4).
Is he listed as the father on the daughter's birth certificate?
 
The USC unwed father may have to take further steps to secure citizenship for his out-of-wedlock child. She is very young so there is still time to get it taken care of. The citizenship claim can be made abroad at a U.S. Embassy or Consulate. They have forms specific for this situation. The best end result is the the child obtaining a Consular report of Birth Abroad and a U.S. passport.

The father has to prove sufficient U.S. residence before the child's birth and legitimate or acknowledge her and agree in writing to support her financially (the consulate has a form). If he registered the birth or followed up with the registrar that is usually sufficient in most Mexican states to satisfy legitimation under US immigration law for citizenship acquisition.
 
I am 35 years old, am an American citizen from Chicago Illinois, and I live and work in Mexico. I have three children, Aram is 7 years old, Alissa is 3, and Aaliyah is 1. I have been with my wife for over 5 years. Her son, Aram, was her son and her son only. There was no father listed on the birth certificate. When our daughter Alissa was born we also registered me as the father of Aram. His birth certificate shows me and my wife as his legal parents, just as it does on the birth certificates of the rest of my children. Alissa is a US citizen because we had all of the documentation to prove that I was there for the conception and birth, we were able to file for a consular report of birth abroad and get her an American passport. Aaliyah will work the same way once we move forward with doing it. I believe that the form that we need to submit for Aram is the N-600K. The N-600K is the application for citizenship when the applicant is currently living and will continue living outside the US. We currently do not have plans to move back into the US anytime soon. The biggest question that I have about filling out the form is what constitutes a biological child vs. an adopted child. Technically, he is not adopted and he is not a step child. He is my legal son. From what I can find on the internet (not always the most accurate information) is that he is in fact my biological child because he is the biological child of my wife and I have recognized him as my son. I believe that this would be the same type of situation in the states if a couple goes in for artificial insemination, that child is still the biological child of both parents. My wife and I were “church” married a little over two years ago and legally “civil” married about 6 months ago. The legal marriage should legitimize Aram as my son. The marriage certificate lists all three children as now being legitimated.

I am new to these types of forums and I apologize if I should be posting this separately. This thread just looked like a good match to my particular problem.

Thank you,

Tony
 
Tony_B said:
I am 35 years old, am an American citizen from Chicago Illinois, and I live and work in Mexico. I have three children, Aram is 7 years old, Alissa is 3, and Aaliyah is 1. I have been with my wife for over 5 years. Her son, Aram, was her son and her son only. There was no father listed on the birth certificate. When our daughter Alissa was born we also registered me as the father of Aram. His birth certificate shows me and my wife as his legal parents, just as it does on the birth certificates of the rest of my children. Alissa is a US citizen because we had all of the documentation to prove that I was there for the conception and birth, we were able to file for a consular report of birth abroad and get her an American passport. Aaliyah will work the same way once we move forward with doing it. I believe that the form that we need to submit for Aram is the N-600K. The N-600K is the application for citizenship when the applicant is currently living and will continue living outside the US. We currently do not have plans to move back into the US anytime soon. The biggest question that I have about filling out the form is what constitutes a biological child vs. an adopted child. Technically, he is not adopted and he is not a step child. He is my legal son. From what I can find on the internet (not always the most accurate information) is that he is in fact my biological child because he is the biological child of my wife and I have recognized him as my son. I believe that this would be the same type of situation in the states if a couple goes in for artificial insemination, that child is still the biological child of both parents. My wife and I were “church” married a little over two years ago and legally “civil” married about 6 months ago. The legal marriage should legitimize Aram as my son. The marriage certificate lists all three children as now being legitimated.

I am new to these types of forums and I apologize if I should be posting this separately. This thread just looked like a good match to my particular problem.

Thank you,

Tony
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It appears from what you stated that Aram is actually your stepson. Even if you were later added to his birth certificate, the U.S. still would require proof of a blood relationship under INA 309. IF you had been married to the mother when the child was born and were named on the B/C things might have been easier.

It would appear that you would need to legally adopt him first and then file an N-600K later. In which country do you now reside? That country may or may not allow an adoption, you have not stated the country.
 
Tony_B said:
I believe that the form that we need to submit for Aram is the N-600K. The N-600K is the application for citizenship when the applicant is currently living and will continue living outside the US. We currently do not have plans to move back into the US anytime soon. The biggest question that I have about filling out the form is what constitutes a biological child vs. an adopted child. Technically, he is not adopted and he is not a step child. He is my legal son. From what I can find on the internet (not always the most accurate information) is that he is in fact my biological child because he is the biological child of my wife and I have recognized him as my son. I believe that this would be the same type of situation in the states if a couple goes in for artificial insemination, that child is still the biological child of both parents. My wife and I were “church” married a little over two years ago and legally “civil” married about 6 months ago. The legal marriage should legitimize Aram as my son. The marriage certificate lists all three children as now being legitimated.
Click to expand...

Yours is a complicated situation very different from the one that started this thread. The child is not your biological child, and probably not your legally adopted child either, and you were not married to his mother when he was born. You simply took care of him and put your name on his birth certificate without going through the proper adoption formalities, so when the US embassy interviews you and investigates the facts your case will fall apart and you might even be accused of fraud.

He would qualify as your stepson for immigration purposes which would enable him to get a green card, but Mexican law and/or international law may prevent you from bringing him the US to get a green card before he's 18 because the real biological father has not given up his parental rights or had them terminated by the government.

You should start a new thread, but more importantly you should get a lawyer or two.
 
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Jackolatern and Big Joe,
Thanks for the quick replies. I will start a new thread. My situation gets even more difficult because there was no real biological father on the birth certificate to begin with. The biological father was never notified that there was a child and/or we do not know who the biological father is. Here in Mexico, there can be no adoption unless there was a father listed on the birth certificate when first registered. Here in Mexico, when the father slot is blank and someone (like me) takes the responsibility, it is called reconocimiento of the child. I have recognized him as my son. There are no adoption papers that go along with that. Would the adoption have to happen here? How can I possibly adopt the child if I am already listed as his father on the birth certificate?
 
Get a lawyer, dude. You have to navigate 3 areas of the law -- Mexican family law, US immigration law, and international family law. Your needs are far beyond an anonymous message board.
 
Bummer. I was kinda hopin my case would be cut and dry. Lawyers are costly. Any recommendations on one that can cover all the areas I need them to?

Thanks.
 
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